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Coal Mines Taking over of Management Act 1973 Section 15

Title: Contracts, Etc., in Bad Faith or Detrimental May Be Cancelled or Varied

State: Central

Year: 1973

.....entered into in bad faith, or is detrimental to the interests of the coal mine, it may make an order cancelling or varying (either unconditionally or subject to such conditions as it may think fit to impose) such contract or agreement and thereafter the contract or agreement shall have effect accordingly: Provided that no contract or agreement shall be cancelled or varied except after giving to the parties to the contract or agreement a reasonable opportunity of being heard. (3) Any person aggrieved by an order made under sub-section (2) may make an application to the principal Court of civil jurisdiction within the local limits of whose jurisdiction the head office of the coal mine is situated for the variation or reversal of such order and thereupon such Court may, confirm, modify or reverse such order.

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Coal Mines Taking over of Management Act 1973 Complete Act

Title: Coal Mines Taking over of Management Act 1973

State: Central

Year: 1973

Preamble1 - COAL MINES TAKING OVER OF MANAGEMENT ACT, 1973 Chapter I Section1 - Short title and commencement Section2 - Definitions Chapter II Section3 - Management of coal mines to vest in the Central Government on the appointed day Section4 - Contract regarding management of coal mines to be deemed to have terminated on the appointed day Section5 - Management of coal mines pending the appointment of Custodian Section6 - Power of Central Government to appoint Custodian Section7 - Payment of amount Chapter III Section8 - Penalties Section9 - Offences by companies Section10 - Mining companies not to be wound up by Court Section11 - Exclusion of period of operation of Act in computing period of limitation Section12 - Effect of Act on other laws Section13 - Delegation of powers Section14 - Protection of action taken in good faith Section15 - Contracts, etc., in bad faith or detrimental may be cancelled or varied Section16 - Power to terminate contract of employment Section17 - Power to make rules Section18 - Coal mines to which this Act shall not apply Section19 - Power to remove difficulties Section20 - Repeal and saving ScheduleI - SCHEDULE

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Coal Mines Conservation and Development Act 1974 Chapter II

Title: Provisions Relating to Conservation of Coal and Development of Coal Mines

State: Central

Year: 1974

.....Safety and Development) Act, 1952, and remaining undisbursed before the commencement of this Act, for all or any of the purposes specified in this section. Section 10 - Duty of owner to open Coal Mine Conservation and Development Account (1) The owner of every coal mine, to whom any money is disbursed under section 9, shall open a separate account in a scheduled bank, to be known as the "Coal Mine Conservation and Development Account" and shall credit to the said Account all sums so disbursed to him : Provided that where it is necessary so to do in relation to the different groups of coal mines owned by an owner, separate accounts may be opened in relation to each such group of coal mines. (2) The money standing to the credit of the Coal Mine Conservation and Development Account and accretions thereto shall be applied by the owner of the coal mine to-- (a) the furtherance of the objects of this Act; (b) the acquisition of stowing or other materials needed for stowing operations in coal mines; (c) the execution of stowing and other operations in furtherance of the objects of this Act; (d) the prosecution of research work connected with the conservation,.....

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Coal Mines Taking over of Management Act 1973 Chapter II

Title: Management of Coal Mines

State: Central

Year: 1973

.....the words "appointed day", wherever they occur, the words, brackets and figures "date of the declaration made by the Central Government under sub-section (2) of section 3" shall be substituted. (3) If any error or omission is notified in the Schedule in relation to the name or address of the owner of a coal mine, the owner of such mine shall, within thirty days from the date on which this Act receives the assent of the President, bring such error or omission to the notice of the Central Government. (4) If, after the appointed day, the Central Government is satisfied, whether from any information received by it or otherwise, that there has been any error, omission or misdescription in relation to the particulars of a coal mine included, or deemed to be included, in the Schedule or the name and address of the owner of any such coal mine, it may, by notified order, correct such error, omission or misdescription, and on the issue of such notified order the relevant entries in the Schedule shall stand corrected accordingly: Provided that no such correction in relation to ownership of a coal mine shall be made where such ownership is in dispute. (5) Every person in charge,.....

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Coal Mines (Nationalisation) Act, 1973 Chapter II

Title: Acquisition of the Rights of Owners of Coal Mines

State: Central

Year: 1973

.....been omitted with effect from 1-6-1973 by the Coal Mines Nationalisation Laws (Amendment) Act (57 of 1986), Section. 11 (1)(a). The omission of sub-section (2) of section 3 of the Coal Mines Act by clause (a) of sub-section (1) of this section shall not affect the previous operation of the provisions of the said sub-section (2) or anything duly done or suffered under. 2. Inserted by the Coal Mines (Nationalisation) Amendment Act (67 of 1976), Section. 3 (w.r.e.f. 29-4-1976). 3. Sub-section (3) substituted by the Coal Mines(Nationalisation) Amendment Act,1993(47 of 1993) w.e.f. 09.06.1993.Prior to substitution it read as under: "(iii) a company engaged in the production of iron and steel, shall carry on coal mining operation, in India, in any form" 4. Words and figures, "notwithstanding anything contained in sub-section (2), or in the proviso to sub-section (2) of section 3 of the Coal Mines (Taking Over of Management) Act, 1973", omitted by the Coal Mines (Nationalisation) Amendment Act (67 of 1976), Section. 3 (w.r.e.f. 29-4-1976), Section. 11(1)(b) (w.r.e.f. 1-5-1973). 5. Inserted by the Coal Mines (Nationalisation) Amendment Act (67 of 1976), Section. 11(1)(c).....

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Coal Mines Conservation and Development Act 1974 Chapter III

Title: Dissolution of the Coal Board and Transfer of Employees Thereof

State: Central

Year: 1974

.....such suit or proceeding may be instituted or appeal may be filed by or against the Central Government or the Government company referred to in sub-section (1), as the case may be. Section 15 - Transfer of service of existing employees of Coal Board (1) Notwithstanding anything contained in any other law for the time being in force or in any contract to the contrary, every officer or other employee of the Coal Board shall, on and from the appointed day, become an officer or other employee, as the case may be, of such Government company or organisation as the Central Government may, in writing, specify and shall hold his office or service in such Government company or organisation, as the case may be, on the same terms and conditions and with the same rights to pension, gratuity and other matters as would have been admissible to him if the Coal Board had not been abolished, and shall continue to do so unless and until his employment in the Government company or organisation is terminated or until his remuneration or terms and conditions of service are duly altered by the Government company or organisation, as the case may be : Provided that the tenure, remuneration and.....

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Coking Coal Mines (Nationalisation) Act, 1972 Chapter II

Title: Acquisition of the Rights of Owners of Coking Coal Mines and Coke Oven Plants

State: Central

Year: 1972

.....order in writing, that the right, title and interest of an owner in relation to a coking coal mine or coke oven plant referred to, respectively, in section 4 or section 5 shall, instead of continuing to vest in the Central Government, vest in the Government company either on the date of publication of the direction or on such earlier or later date (not being a date earlier than the appointed day), as may be specified in the direction. (2) Where the right, title and interest of an owner in relation to a coking coal mine or coke oven plant vest in a Government company under sub-section (1), the Government company shall, on and from the date of such vesting, be deemed to have become-- (a) the lessee in relation to such coking coal mine as if a mining lease in relation to such coking mine had been granted to the Government company under the Mineral Concession Rules, the period of such lease being the entire period for which such lease could have been granted under those Rules; (b) the owner of the coke oven plant, and all the rights and liabilities of the Central Government in relation to such coking coal mine or coke oven plant shall, on and from the date of such vesting, be.....

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Coal Mines (Nationalisation) Act, 1973 Section 26

Title: Disbursement of Amounts to the Owners of Coal Mines

State: Central

Year: 1973

.....in the fifth column of the Schedule is relatable to a group of coal mines, the Commissioner shall have power to apportion such amount among the owners of such group, and in making such apportionment, the Commissioner shall have regard to the highest annual production in the coal mine during the three years immediately preceding the appointed day.] Explanation.- In this section "court", in relation to a coal mine, means the principal civil Court of original jurisdiction within the local limits of whose jurisdiction the coal mine is situated. ________________________ 1 . Inserted by the Coal Mines Nationalisation Laws (Amendment) Act (57 of 1986), Section. 18 (w.r.e.f. 1-5-1973).

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Coal Mines Taking over of Management Act 1973 Section 3

Title: Management of Coal Mines to Vest in the Central Government on the Appointed Day

State: Central

Year: 1973

.....the words "appointed day", wherever they occur, the words, brackets and figures "date of the declaration made by the Central Government under sub-section (2) of section 3" shall be substituted. (3) If any error or omission is notified in the Schedule in relation to the name or address of the owner of a coal mine, the owner of such mine shall, within thirty days from the date on which this Act receives the assent of the President, bring such error or omission to the notice of the Central Government. (4) If, after the appointed day, the Central Government is satisfied, whether from any information received by it or otherwise, that there has been any error, omission or misdescription in relation to the particulars of a coal mine included, or deemed to be included, in the Schedule or the name and address of the owner of any such coal mine, it may, by notified order, correct such error, omission or misdescription, and on the issue of such notified order the relevant entries in the Schedule shall stand corrected accordingly: Provided that no such correction in relation to ownership of a coal mine shall be made where such ownership is in dispute. (5) Every person in charge,.....

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Coal Mines Taking over of Management Act 1973 Section 5

Title: Management of Coal Mines Pending the Appointment of Custodian

State: Central

Year: 1973

..... (c) all registers or other books containing particulars relating to the investment of any monies pertaining to the coal mine including investments on mortgaged properties and all loans granted or advances made. (6) Without prejudice to the generality of the powers confefrerd by sub-section (1) and the provisions contained in sub-section (2), (4) and (5), any directions issued under sub-section (1) may require the persons in charge of the management of a coal mine under this Act to furnish to the Central Government or to the the authorised person such returns, statements and other information relating to the coal mine as may be mentioned in the direction. (7) The persons in charge of the management of the coal mine under this Act shall be entitled to such remuneration, whether by way of allowance or salary or perquisites as the Central Government may fix; and any such person may, by giving one month's notice in writing to the Central Government of his intention so to do, relinquish charge of the management of the coal mine.

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